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Rate of tds

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(Querist)
08 February 2012 My Client recieved an Professional Service/Technical Service from NRI. NRI belongs from Malaysia..& there is no any agreement between both the Parties.. Please tell me at what rate of TDS is deduct on payment to NRI & what is the effect of DTAA on Trasaction
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CA MANOJ GUPTA

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CA MANOJ GUPTA (Expert)
09 February 2012 tax will be deducted at 30 percent plus applicable surcharge and cess

CA MANOJ GUPTA
JODHPUR
09828510543
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RAHUL SHARMA

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RAHUL SHARMA (Querist)
09 February 2012 thanks.. but tell is there ant DTAA effect on this transaction..
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Vishal D Shah

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Vishal D Shah (Expert)
11 February 2012 Article 13 of India Malaysia Treaty prescribes rate of 10%.

In case if it could be demonstrated as professional services it could be covered under article 14 & no tax needs to be deducted.

The term “professional services” includes especially independent scientific, literary, artistic, educational or teaching activities as well as the independent activities of physicians, surgeons, lawyers, engineers, architects, dentists and accountants
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